Profile
Howard K. Jeruchimowitz is a commercial litigator with an emphasis in the Real Estate, Construction, and Financial Services Litigation practices. He represents owners, developers, landlords and tenants in landlord-tenant and shopping center disputes, mechanics liens, foreclosures, and construction disputes, as well as banks and lenders in bank and mortgage litigation, such as mortgage fraud, commercial and residential foreclosures, mechanics lien and FDCPA issues. Howard also represents business owners in LLC and shareholder disputes, including direct and derivative claims. Howard has deep experience with post-judgment proceedings and asset-recovery litigation, including fraudulent transfer, alter ego and veil piercing litigation. He has a wide range of experience in trials in both state and federal courts, as well as arbitrations and mediation. Howard serves as the pro bono coordinator for the firm’s Chicago office.
Concentrations
- Complex commercial litigation
- Real estate litigation, including landlord-tenant and property acquisition disputes, shopping center disputes, mechanics liens and foreclosures
- Bank and mortgage litigation
- Construction litigation
- Trusts and estates litigation
- Asset recovery litigation
- Employment litigation
- Insurance/reinsurance
- Global recovery
Capabilities
Experience
- Representation of owner in a $15 million construction and mechanics lien dispute over the buildout of private schools on Chicago property.
- Representation of one the largest movie theater companies in Latin America in connection with U.S. litigations regarding leases and guaranties, resulting in significant victories and resolutions, largely reducing the value of the outstanding claims against the company.
- Represented remediation contractor in fee dispute involving change order work for major environmental river remediation project. Client awarded in excess of $10 million in damages.
- Obtained equitable adjustment of over $2.3 million for fire and gas protection subcontractor in multimillion-dollar equitable adjustment claim arbitration for natural gas liquefaction project.
- Represented company that purchased fraudulent multimillion-dollar loans in recovery of proceeds and assets, including resolving and discharging multimillion-dollar mechanics liens for the sale of several hotels in Florida, Illinois and New Jersey.
- Represented Amstar as part of a multi-office team in completing a complex construction settlement for the iconic luxury residential tower designed by Daniel Libeskind in the Central Business District of Warsaw, including settling parallel civil, criminal and arbitration proceedings in multiple foreign jurisdictions and entering a new construction contract with the general contractor.
- Represented owner regarding the construction of its Glendale Heights medical facility and resolution of mechanics liens for the completion of the construction.
- Represents independent contractors of the U.S. Department of Housing and Urban Development (HUD) that assist HUD in the management and selling of low-income housing in a wide range of litigation in both state and federal courts, including, but not limited to, administrative, contract, discrimination and constitutional issues.
- Represented investor client who entered into option agreement not recognized by defendant investors to manage and purchase mixed use property.
- Obtained dismissal for a luxury hotel owner of contract and tort claims brought by a former project manager and general contractor in Arizona and Missouri federal courts after its termination from a $125 million construction project.
- Obtained summary judgment in a declaratory judgment action for Saks, Inc., allowing it to exercise an early termination option as the anchor tenant of a mall, saving it over $2.5 million in future lease payments.
- Obtained summary judgment for tenant regarding lease dispute where the prime lease was terminated and therefore sublease was void as matter of law, subtenant was able to vacate premises and save over $1 million in rent, taxes and other charges.
- Represented Manteca Lifestyle Center, LLC, in trial and settlement in the United States District Court for the Eastern District of California regarding development of the shopping center and satisfaction of the co-tenancy condition, resulting in termination of lease dispute.
- Obtained summary judgment for the ground lease tenant of a shopping center against various alleged breach claims and further summary judgment against the landlord for breach of the covenant of quiet enjoyment, including an injunction against future lawsuits and sanctions.
- Obtained summary judgment in a declaratory judgment action and affirmed in the Appellate Court for Co-Op owner and shareholder regarding the allocation of space between Co-Op apartments.
- Represented owners, general contractors and lenders in construction disputes and mechanics liens, including the primary lender in a $34 million lien dispute over the condo conversion of the Palmolive Building in Chicago.
- Handled construction-related matters for the Illinois Sports Facilities Authority related to Cellular One Ballpark.
- Handle lease disputes related to shopping centers for companies including Sears, Roebuck and Co., Kimco Realty Corporation and Poag & McEwen.
- Represented owner and management company of multi-unit residential apartment complex in Arlington Heights, Illinois against class action by lessees on behalf of multiple putative classes asserting multiple violations of Illinois landlord-tenant statutes, including allegations of nonpayment of interest on security deposits, improperly substantiated deductions from security deposits, and improper or disproportionate billing practices with respect to utility and trash removal, which resulted in favorable settlement of the class action.
- Supervise and represent major national banks, mortgage companies and servicers on contested commercial and residential foreclosures.
- Obtained dismissal of injunction lawsuit against Bank of America that sought to stay foreclosures due to federal Consent Judgment.
- Obtained dismissal of amended mechanics lien due to Cordeck ruling on the application of amendments of liens on third party lenders.
- Defeated quiet title challenge by borrower claiming the bank violated the Illinois Mortgage Rescue Fraud Act.
- Secured priority for Bank of America over government tax lien in foreclosure lawsuit.
- Obtained summary judgment on behalf of a GE subsidiary reinsurer in the United States District Court for the Northern District of Illinois with respect to the late notice of approximately $10 million of Personal Injury Protection claims under the parties' long-standing reinsurance treaty.
- Defended, as part of litigation team, the State of Illinois and the Illinois Department of Insurance against a multi-million dollar challenge to insurance taxes on out-of-state insurance companies before the Illinois State Court and the Appellate Court.
- Represented, as part of litigation team, a French reinsurance company in an arbitration and favorable settlement on claims of rescission and misrepresentation against the reinsurer with respect to disclosure requirements and treaty violations.
- Assisted in the representation of a luxury hotel property owner in a coverage dispute for over $70 million in property and business interpretation coverage from over a dozen London primary and excess insurers, as well as three brokers, on the single largest claim arising out of Hurricane Lenny in the British Virgin Islands, resolving lawsuits in both Texas and London.
- Represent minority members/shareholders in various oppression, fiduciary duty, and buy-out cases, including trial for minority LLC members in DuPage County resulting in favorable settlement.
- Represents companies and executives in trade secret misappropriation and breach of non-compete, non-solicitation and employment agreement disputes, including obtaining dismissal for RadioShack Corp. against claims of breach of non-solicitation of employees of former company and tortious interference.
- Argued before the Sixth Circuit Court of Appeals on a packaging trademark violation.
- Obtained preliminary injunction/specific performance on behalf of a sausage casing company under the U.C.C. for production under output contracts.
Recognition & Leadership
- Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Real Estate - Litigation, 2017 and 2022
- Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Banking & Finance - Litigation, 2017 and 2022
- Team Member, a Law360 "Construction Practice Group of the Year," 2020, 2022
- Listed, Leading Lawyers Network, 2015-2024
- Shortlisted – Real Estate Lawyer of the Year, Illinois RE Journal Real Estate Awards, 2021
- Team Member, a Law360 "Employment Practice Group of the Year," 2011 & 2013
- Listed, Super Lawyers magazine, Illinois Super Lawyers "Rising Star," 2012
- Recipient, Greenberg Traurig Outstanding Pro Bono Service Award, 2009
- Listed, The Legal 500 United States, 2008-2009
- Recipient, "Young Lawyer Award," Chicago Lawyers' Committee for Civil Rights Under Law, 2003
- Recipient, Certificate for Outstanding Service and Dedication to the Commonwealth of Massachusetts as intern for the Office of Victim Assistance, 1993
- Fellow, American Bar Foundation
- Member, American Bar Association, Section of Litigation
- Member, Virtual Programming Board, 2022
- Former Co-Chair, Real Estate, Condemnation & Trust Committee, 2019-2022
- Former Vice-Chair, Programming
- Former Co-Chair, Emerging Issues Subcommittee
- Board of Editors, Innovating Commerce Serving Communities, Shopping Center Law & Strategy (Formerly Shopping Center Legal Update)
- Member, Anti-Defamation League
- Member, Civil Rights Executive Committee
- Co-Chair, Summer Associate Research Program, 2015-2016
- Member, Chicago Bar Association
- Member, Illinois State Bar Association
- Member, The Executives' Club of Chicago
- Member, Professional Service Forum (formerly Legal Forum)
- Member, Real Estate Committee
Credentials
Education
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J.D., cum laude, Cornell Law School
- General Editor, Cornell Law Review
- Senior Symposium Editor, Cornell Journal of Law and Public Policy
- Editor-in-Chief, The Tower, Cornell Law School Newspaper
- Moot Court Champion, Topic: Title VII - same-gender sexual harassment
- Law Intern, Cornell Legal Aid Clinic
- General Editor, Cornell Law Legal Information Institute (LII)
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B.A., Politics and American Studies, cum laude, Brandeis University
- Senior Editor and Editor-in-Chief, The Justice
- Pi Sigma Alpha
Admissions
- Illinois
- Supreme Court of the United States
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. District Court for the Central District of Illinois
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Western District of Michigan
- U.S. District Court for the District of Colorado